Drug Trafficking / Distribution: Son Charged with Intent for 2 Ounces of Marijuana

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Son Charged with Intent for 2 Ounces of Marijuana

My question involves criminal law for the state of: New Hampshire

Greetings,

My son, a first time offender, was arrested with two ounces of marijuana. After he said he would not participate in their undercover program, the police have ratcheted up his charge to intent, based on cell phone and text messages on his phone, which they are holding as evidence.

We are in the process of getting an attorney; however, I have several questions:

1) How valid was their seizure of his phone and the search thereof?
2) They're also keeping his (my) car in which he was arrested (titled in my name, no liens) and are going to ask the DEA whether or not it should be seized and sold at auction. For an offense of this size, how likely is it that a sale would happen?

Re: Son Charged with Intent for 2 Ounces of Marijuana

Possession of any amount of marijuana is a misdemeanor and is punishable by up to one year in jail and a fine up to $2,000.

Manufacture or distribution of less than one ounce of marijuana is punishable by up to three years in prison and a fine up to $25,000. For one ounce or more the penalty increases to a possible seven years in prison and fine up to $100,000. Manufacture or distribution of five pounds or more is punishable by up to 20 years in prison and a fine up to $300,000.

Penalties for sale or distribution within 1,000 feet of a school are up to two times the possible prison term and fine.

Upon conviction of a person aged 15 - 18 years for possession with intent to sell, an additional penalty of 1 - 5 year driver's license suspension may be imposed. For persons aged 15 - 18 years convicted of possession or use, the offender's driver's license is suspended for 90 days - one year. For persons over the age of eighteen convicted of possession with intent to sell, the driver's license suspension may be for as long as life.

The above are the penalities in New Hampshire just so you are aware of what he is looking at.

1) How valid was their seizure of his phone and the search thereof?

We have no idea. Depends on how it was done.

2) They're also keeping his (my) car in which he was arrested (titled in my name, no liens) and are going to ask the DEA whether or not it should be seized and sold at auction. For an offense of this size, how likely is it that a sale would happen?

Again, we don't know the circumstances around the arrest. I would say that if the DA agrees, you can say so long to the car that was yours free and clear.

You seem to think that an offence this size is nominal. ITS HUGE! A felony conviction is as serious as a heart attack. Get him a lawyer and pray he can get this knocked down, but unless your son starts to cooperate, your car and he are likely screwed.

Get the boots out and start placing them up his rear end until you get him to cooperate. The charges don't need to be "ratcheted up" if he had 2 oz on him, it's a felony with up to 7 yrs. If he's being that uncooperative, he just might get himself some prison time even if it's a first offense. And I hope you live near a bus line. He'll need it with a license suspension and you may be out a car to drive him around.

Re: Son Charged with Intent for 2 Ounces of Marijuana

while he is not a major drug dealer,some states are a lot more strict then others. NH seems to take this very seriously.Talk to a lawyer asap. That the fact that they want to keep your car and facing 7 years in jail makes it a serious offense even tough the amt is not huge. Also the fact that they steped up the charges. If he considering working w. the police i would also talk to a lawyer,to make sure a deal is definite.

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